Does the Ben Jerrys Guarantee Provision include a waiver of jury trial?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
BEN & JERRY'S shall have no present or future duty or obligation to the undersigned under this Guarantee Provision, and each of the undersigned waives any right to claim or assert any such duty or obligation, to discover or disclose to the undersigned any information, financial or otherwise, concerning OPERATOR, any other Guarantor, or any collateral securing any obligations of OPERATOR to BEN & JERRY'S.
Further, the undersigned, individually, jointly and severally, hereby agree to be personally bound by each and every condition and term contained in this Agreement as though each of them had executed an agreement containing the identical terms and conditions of this
Agreement including the dispute resolution provisions, and any amendments, extensions, or other modifications to this Agreement.
WAIVER OF JURY TRIAL: BEN & JERRY'S AND GUARANTOR IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING WITH RESPECT TO ANY CLAIM, INCLUDING ANY COUNTERCLAIMS, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM AGAINST THE OTHER, WHETHER OR NOT THERE ARE OTHER PARTIES IN SUCH ACTION OR PROCEEDING.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Guarantee Provision includes a waiver of jury trial. Specifically, the FDD states that Ben & Jerry's and the guarantor irrevocably waive trial by jury in any action or proceeding regarding any claim, including counterclaims, whether at law or in equity, brought by either of them against the other, regardless of whether other parties are involved in the action. This waiver is part of the broader agreement that the guarantor is personally bound by all terms and conditions, including dispute resolution provisions.
This means that if a dispute arises between a Ben Jerrys franchisee (or their guarantor) and Ben & Jerry's that leads to legal action, neither party can demand a jury trial. The case would instead be decided by a judge. This can have significant implications for the legal strategy and potential outcomes of disputes. Jury trials are often perceived as being more unpredictable than bench trials (trials before a judge only).
It is important for a prospective Ben Jerrys franchisee to understand the implications of waiving their right to a jury trial, as it affects how disputes with the franchisor will be resolved. Franchisees should consult with an attorney to fully understand the legal ramifications before signing the franchise agreement and guarantee provision. This type of waiver is relatively common in franchise agreements, but its impact should not be overlooked.